An employee of a Scottish tea company has been accused of attempting to run over a Kenyan farm worker who is suing the firm for damages.

It is one of a number of allegations made against Aberdeen-registered James Finlay Kenya Ltd (JFKL).

The firm is fighting a class action lawsuit at the Court of Session.

Two thousand current and ex-employees claim they suffered musculoskeletal injuries while working on JFKL farms in Kenya's Kericho region.

Lawyers representing the farm workers allege the firm has breached an undertaking it gave to Scotland's supreme civil court that it would not intimidate any of the litigants.

In the latest hearing on the case, Andrew Smith KC told the Court of Session in Edinburgh that one of the farm workers was walking along a remote road in Kenya when a truck driven by a JFKL employee "tried to run him over".

Mr Smith said the worker managed to jump into bushes, before the driver "told him he was being targeted because he was suing JKFL".

The court heard further allegations over events at a meeting between the farm workers and their lawyers.

Mr Smith said a confidential legal file was stolen at the meeting by an individual working for JFKL, and photographs of the workers were taken by members of JFKL's security team.

He told the court that "something of an altercation took place" and the security team's mobile phones were "confiscated".

Mr Smith claimed one of the workers was later assaulted by local police officers.

"There's the most gross intimidation taking place of those who are suing JFKL and they are being targeted because they are suing JFKL," said Mr Smith.

"There's a feeling that the police are JKFL's police. JKFL need to take steps to stop this immediately."

'Frightened-looking men'

Representing the company, Lord Davidson of Glen Clova KC said the court had heard allegations which amounted to "attempted murder and police corruption".

"These are highly-complicated matters which bear investigation," he said. "I have seen pictures of rather frightened-looking men signing confessions which bear investigation as well."

It is the latest exchange of fire in an increasingly complicated legal battle being fought in courts in Scotland and Kenya.

In July, JFKL gave the Court of Session an undertaking that it would not do anything to intimidate the people involved in the lawsuit, or dissuade them from pressing ahead with the case.

The company then won a temporary court order in Kenya, prohibiting the workers from taking the Scottish case any further.

JKFL claimed the lawsuit represented an "an assault on the sovereignty of the Republic of Kenya" and violates the country's constitution.

Its legal team argues that a work injury dispute involving Kenyan workers is governed by Kenyan law and should be decided there, not in Scotland.

Lawyers representing the farm workers say that, as a Scottish company, JFKL is open to legal action in Scotland's courts.

Further hearings are due to take place in Kenya and Scotland over the coming weeks.

Source:
courtesy of BBC NEWS

by David Cowan

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